Marriage Fraud and the I-864 Affidavit of Support: Why You Need a Strategy for Both
Imagine discovering that the person you loved married you only to obtain a green card.
Now imagine that same person is suing you for financial support based on the I-864 Affidavit of Support that you signed.
It is one of the most devastating situations an American citizen or lawful permanent resident can experience. Clients who contact my office often tell me they feel betrayed, angry, embarrassed, and overwhelmed. Almost every one of them asks the same question:
"If my spouse committed marriage fraud, why am I still being sued?"
The answer is not always what sponsors expect. the Mulder Law experience is that you can prevail and avoid paying support based on the I-864, Affidavit of Support that you executed.
The key is understanding that you are not facing one legal battle. You are facing two.
Two Separate Legal Battles
Marriage fraud and an I-864 lawsuit are related, but they are not the same legal proceeding.
Marriage fraud is an immigration issue. It involves the authority of the United States Government to determine whether an immigrant obtained lawful permanent resident status through fraud or misrepresentation. Those matters involve agencies such as U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and, when removal proceedings are initiated, the Executive Office for Immigration Review (EOIR).
An I-864 lawsuit, on the other hand, is civil litigation.
It is a lawsuit seeking to enforce a written contract. The issues are decided by a judge, sometimes a jury, under the rules of civil procedure and evidence. Discovery is conducted. Witnesses are deposed. Documents are subpoenaed. Motions are filed. Cases settle—or they proceed to trial.
Understanding the difference is critical because each battle requires a different legal strategy.
Does Marriage Fraud Automatically End the I-864?
No. It can indirectly lead to one of the events that terminates the I-864 Contract and it should be reported to the USCIS immediately.
Why Marriage Fraud Still Matters
Evidence of marriage fraud may become one of the most valuable parts of your overall legal strategy. where the fraud does not terminate the I-864 Contract disclosing the fraud to the court will have a strong impact on the credibility the Court gives to the immigrant seeking enforcement. Attacking the immigrants credibility can lead to a favorable decision for the sponsor where the immigrant produces no evidence of a short fall in support from all sources and where the immigrants lifestyle clearly exceeds an income of 125 percent of the federal poverty guideline.
If an immigrant obtained lawful permanent resident status through fraud, that evidence may be relevant to immigration authorities evaluating whether lawful permanent resident status should be rescinded or whether removal proceedings should be initiated.
The immigration process, however, often takes months—and sometimes years.
That means you cannot simply wait for the immigration system while ignoring the lawsuit. File the notice of fraud with supporting documentation with the USCIS and any other relevant government agency while defending against I-864 enforcement in Court.
The Lawsuit Must Be Defended
While immigration authorities evaluate allegations of marriage fraud, the civil lawsuit continues moving forward.
Deadlines arrive quickly.
Discovery must be answered.
Financial records must be analyzed.
Depositions must be taken.
Dispositive motions may need to be filed.
Settlement opportunities must be evaluated.
If necessary, the case must be prepared for trial.
This is where experienced litigation counsel becomes essential.
An I-864 lawsuit is not won by filing a complaint with USCIS or ICE.
It is won through careful preparation, persuasive legal arguments, effective discovery, and admissible evidence presented in court.
One Strategy Can Strengthen the Other
One of the advantages of retaining litigation counsel early is that the evidence developed during the lawsuit may also prove valuable in addressing the immigration issues.
During discovery, a sponsor may obtain:
sworn testimony from the immigrant;
financial records;
employment records;
immigration documents;
bank records;
electronic communications;
admissions made under oath; and
other evidence that would otherwise be difficult to obtain.
When appropriate, that evidence may assist immigration authorities in evaluating allegations of marriage fraud.
In other words, the civil litigation and the immigration process should not always be viewed as separate and unrelated. A carefully planned litigation strategy may strengthen both.
Don't Make the Mistake of Focusing on Only One Battle
One of the biggest mistakes sponsors make is believing they must choose between reporting marriage fraud and defending the I-864 lawsuit.
You should not have to choose.
Ignoring the lawsuit can result in substantial financial exposure.
Ignoring evidence of marriage fraud may allow important evidence to disappear over time.
The best approach is often to pursue both matters simultaneously through a coordinated legal strategy. To accomplish this it is best to have a single attorney that is able to address both the marriage fraud and the I-864 enforcement litigation.
Why Experience Matters
An attorney who focuses exclusively on immigration law may understand how to report marriage fraud. An attorney who provides as expert opinion or testimony before congress may have knowledge of what constitutes marriage fraud and its inpact to the United States as a whole.
An attorney who focuses exclusively on civil litigation may understand how to defend a lawsuit.
An attorney experienced in I-864 litigation understands that these issues often intersect.
Successfully defending an I-864 case requires more than understanding immigration law. It requires courtroom experience, knowledge of civil procedure, effective discovery techniques, evidentiary strategy, motion practice, settlement negotiation, trial advocacy, and most importantly application of the substantive law to your individual situation.
It also requires understanding how developments in the immigration process may affect the litigation—and vice versa.
That combination of experience can make a meaningful difference in developing the strongest possible defense.
You Have More Options Than You Think
Receiving an I-864 lawsuit after discovering evidence of marriage fraud can feel overwhelming.
It is easy to believe the situation is hopeless.
It is not.
Every case is different. Every marriage is different. Every lawsuit presents its own facts, defenses, and opportunities.
The sooner you begin developing a comprehensive legal strategy, the better your chances of protecting your financial future.
Contact Mulder Law Office, P.A.
My practice is devoted to defending sponsors sued under the Form I-864 Affidavit of Support.
I understand that these cases involve far more than contract law. They involve broken trust, financial uncertainty, and the fear of being held responsible for someone who may have entered the marriage in bad faith.
When appropriate, I work with clients to develop a strategy that addresses both sides of the problem: defending the I-864 enforcement action in court while helping preserve and organize evidence that may be relevant to the appropriate immigration authorities.
If you have been sued under the I-864 or believe your marriage involved immigration fraud, you do not have to face either battle alone.
Contact Mulder Law Office, P.A. to discuss your case. Together, we can evaluate the facts, identify your legal options, and develop a strategy designed to protect both your rights and your financial future.
